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International criminal tribunals as triggers of institutional change?

Kemp, Gerhard; Bachmann, Klaus; Ristić, Irena; Mihajlović Trbovc, Jovana; Nsabimana Garuka, Christian; Ejami, Amani; Pavlaković, Vjeran

Authors

Klaus Bachmann

Irena Ristić

Jovana Mihajlović Trbovc

Christian Nsabimana Garuka

Amani Ejami

Vjeran Pavlaković



Abstract

The current article examines whether international criminal tribunals (ICT) can be regarded as actors of international relations, which trigger domestic policy changes in countries under their jurisdiction. Drawing on the concepts of ‘third party enforcement’ and ‘credible commitment’ theory, the study examines ICT cases during which an ICT carried out investigations and prosecutions against the will of the respective sitting government. Based on field research from seven states and three tribunals, the authors present some counterintuitive conclusions. Limited institutional reforms did take place; they can at least partly be attributed to ICT decisions and they proved more sustainable in autocratic states than in some democratic ones. Independence from the organizations and states which created the tribunals does not always help tribunals to carry out their mission; it rather strengthens their actorness and influence if they enjoy their founders’ strong support but keep distance to the countries in which they investigate

Journal Article Type Article
Acceptance Date Mar 18, 2025
Deposit Date Feb 8, 2025
Print ISSN 1567-536X
Electronic ISSN 1571-8123
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Keywords International Criminal Justice, International Criminal Tribunals, Rwanda, Sudan, Kenya, Yugoslavia, Libya, International Relations
Public URL https://uwe-repository.worktribe.com/output/13734834
This output contributes to the following UN Sustainable Development Goals:

SDG 16 - Peace, Justice and strong institutions

Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

This file is under embargo due to copyright reasons.

Contact Gerhard.Kemp@uwe.ac.uk to request a copy for personal use.







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